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miranda rights. white house core departments and at the white house correspondents dinner last night holder spoke exclusively to cnn about his decision. athena jones has more from washington. >> reporter: attorney general eric holder under fire from republicans for agreeing to a judge's decision to read the boston bombing suspect his miranda rights. dzhokhar has since clammed up. valuable sfogs out of reach. speaking to cnn holder answered that for the first time at white house correspondents dinner. >> the decision to mirandize him is one that the magistrate and totally consistent with the laws that we have. we had a two-day period we were able to question him under the public safety exception. i think everyone was done appropriately and we got leads. >> reporter: republican party king shooting back saying investigators may never find out whether others were involved and how the brothers became radicalized. >> the fact is that the fbi was only 16 hours into an i interrogation and got buto much more was -- still not there. eric holder now is saying he approved
miranda rights to the boston bombing suspect. but once they do, if they do, it changes a whole lot. and we have breaking news on this. moments ago, guess who wants to represent the defendant? we'll tell you next. >>> plus, the now dead suspect has recently -- had recently promoted the rantings of a radical cleric who calls on children to defend islam, and to be taught there is nothing better than wanting to die as a martyr. we'll ask who the shaikh is and find out what was posted on the older brother's youtube channel which are chilling. and do you know your... blood type? a or b positive?? have you eaten today? i had some lebanese food for lunch. i love the lebanese. i... i'm not sure. enough of the formalities... lets get started shall we? jimmy how happy are folks who save hundreds of dollars switching to geico? happier than dracula volunteering at a blood drive. we have cookies... get happy. get geico. fifteen minutes could save you fifteen percent or more. polaris has what you wan legdary atvs led by the powerful sportsman 850 ho. value-minded side-by-sides featuring the new ranger 80
agree with that, but now someone is saying in fact the associated press is saying after his miranda warnings he stopped talking. fox news ever since that news broke has been going ballistic about that issue. are they right to some degree? >> i'm very skeptical about the new york bomb that he "admitted" to. let me say that i'm from boston. the bombing happened just yards away from the college i went to. with that said i do think it's a slippery slope when you start to not give people their miranda rights. i completely understand and support the public safety exception but it seems like it's something that they're putting out there the potential bombings to excuse what they did. >> cenk: yeah, look, public safety exception came in 19 1994 where there was a guy who they thought was a rapist, and he was, and there was a holster without a weapon in it. they asked where is your gun. the cops came in and said where is your gun. they found his gun and the courts said you didn't have time to read his miranda. that's public safety. but this is over a weekend. it's not like where is your gun,
was read his miranda rights. the special agent who filed the complaint would that according to surveillance footage. younger suspect lifted the phone to his ear shortly about before the second blast. after he finishes you see people around him react to the first explosion. bomber two virtually alone in front of the individuals in front of the restaurant while he appears calm. he walks away without his knapsack, having left it on the ground where he had been standing. approximately ten seconds later an explosion occurs in that location where bomber two had placed his knapsack. and another major development, the white house said it would not designate the suspect an enemy combatant. we will have more on the legal aspect of this coming up later this hour. as of this hour dzhokhar is in serious condition. he is unable to speak because of a gunshot to the throat which we believe was self-inflicted. he's communicating by writing and nodding his head. as authorities move forward in a of in their investigation, tritening information about the radical past of the brothers is in fact emerging. both t
made without a miranda warning or made while he's not really competent between times when he's sedated and not sedated. so they may be risking their death penalty, but they may be doing it for a good reason. they may need realtime intelligence, but i don't think that the public safety exception will stand up for allowing them not to have given the miranda warnings. >> fascinating. in fact, i have a lot of questions about that i'm going to get to. and actually i want to bring in another colleague as well right now. steve razor is a former military judge advocate general and knows a thing or two about this military issue. typically, steve, we hear about a 48-hour window and this is a very new area of justice. this has only been in sort of parlay for the last couple of years. we are far outside of that 48 hours by today. but can it be extended in the case of public safety? and exactly when can you establish that a public safety exemption has expired or is no longer of concern? how long can you keep him from getting miranda? >> well, there's no hard and fast rule on that. and that's exactl
read his miranda rights. the f.b.i. says this happened just 16 hours into its questioning of the younger brother in this case, dzhokar tsarnaev. the f.b.i. told lawmakers it was shocked to have its interrogation shut down midstream. it was incomplete. they say the suspect had been providing valuable intelligence until that magistrate judge and accompanying lawyers showed up and upon being read his rights he stopped talking. under the so-called public safety exception to the miranda requirement, miranda you have the right to remain silent, the f.b.i. understood it would have about 48 hours to question dzhokar tsarnaev before those miranda rights were read. that is what the obama administration had been saying. in the past week or so they could take advantage of the exception which would provide us all the intel we needed. however, the doj filed a criminal complaint against tsarnaev on april 22nd which appear to have resulted in the f.b.i.'s intir dpiags being prematurely terminated. f.b.i. account of what happened in that hospital room is shocking. we're going to get into m
the charges, miranda rights, the public safety exemption, where are we right now on that issue? >> well, the normal rule is that when someone's irsed, they're advised of their rights. you have the right to remain silent. anything you say can be used against you. you have the right to a lawyer. if you can't afford one it will be provided, that sort of thing. if police don't give that warning then they cannot use any statements of the defendant in court. the exception to that is called the public safety exception. it's been extended by judges to terrorism cases. and the idea is that if you need information quickly to preserve public safety, you can ask those questions and still use the responses in court. but that public safety exception rule is limited. it only applies for several hours after fill in the blank. we assume after questioning starts rather than after arrest. probably no more than a day, day and a half. >> where do you come up with that? pete, let me interrupt you there. who has come up with what is the time? is it just, you know it when you see it? >> in terms of the time li
. authorities say that he hasn't spoken much since he was read his miranda rights. good morning. welcome to america's i'm heather childers with n for jamie colby. >>> i'm eric shawn. he is being kept under heavy facility. he is right now at the federal medical center, located on the ground of a former army base. it's right in the middle of the state. it is designed specifically for inmates in need of long term medical care. they ce more secure than he potentially was at the hospital in downtown boston. david lee miller is live near that bombing site. good morning david lee. >> reporter: good morning. ordinarily on a sunday morning the square behind me would be quiet and sleepy. that is not the case this morning. almost two weeks after the double bombings took place just a few hundred feet where i am now. take a look over my shoulder. off in the distance you can see the makeshift memorial that you mentioned. thousands are still coming to here throughout the day bringing flowers and cards and o items of rbrance. this as six of those that were injured remain in the hospital. many of those w
miranda rights should not have been read when they were. the investigation went on for 16-18 hours. >> i think that's nonsense. i think the fbi and the justice department behaved entirely appropriately. >> the supreme court never set a limit for this. at the very time that they were saying that the public safety kpengs, the authorities were saying go back to work, everything is fine. you can't really have it both ways. 16-18 hours of interrogation is not a short interrogation. they did a lot of questioning of this guy and then they gave him the miranda warnings. >> we still do live in almost a free country. that is what is supposed to happen. >> he is an american citizen. >> he is an american citizen, captured on american soil. the comparison is jose padilla who was seized and portured brutally for a year and a half until he was incapable of thinking straight. that's the alternative. that's what we lived under. at least that's not happening. >>. >> what are you hearing now from folks on capitol hill? >> this is unbelievable, probably not surprising. it really has followed the whole quest
clam up and ask for an attorney. he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of watertown in parti
to the miranda rule. they've not advised him of his rights. so they can only ask about potential threats to public safety. were there other conspirators, other bombs out there, any reason to believe that public safety is in any way jeopardized. >> pete, one of the persons cited in terms of this idea that there may have been more violent plans on order at the hands of the brothers is this person who was hijacked by the brothers on thursday night. and the driver of a mercedes suv. we know that he's been cooperating with police. is there anything else that we know about his involvement in all of this? >> yeah, the business about new york is very iffy, frankly. i've emailed briefly with this person. he claims that he escaped with they stopped at a gasoline station. but he's also told the police that he was told by these two men, that they were the marathon bombers. but that they were not going to kill him because he was not an american. what he told the police was, that he thought they were speaking arabic. that's probably not the case, they were probably speaking russian or some dialect. an
't -- he shouldn't be mirandaized right away. i know you agree with them. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were pl
know about this miranda rights. i've never as a civilian, nonlawyer, never understood the importance of miranda. seems it wouldn't turn a person around. before we get to mike rogers, who's a critic of the way it was handled, is it your understanding when a person is giving their miranda rights, they're less likely, given the condition the suspect is in right now, less likely to talk than before they're given them? >> it happens that way sometimes but it also happens the other way. it's happened in terrorism cases. for example, the underwear bomber umar abdulmutallab was given the miranda warning. he initially stopped talking and then blurted out the whole thing, how he was trained, who trained him, names, dates, all of that. this happened in other terrorism cases as well. we know they were talking to him. they had basically two sessions. we learned some of this from the police commissioner today in new york. the first session over the weekend didn't go so well. he was still coming out of it from his treatment. the second one went better. and then the judge comes in on monday and read
they would be treating him as an enemy combantant . was signal would by not reading the miranda rights when they captured him. it could mean that and could mean the opposite of that. in the meantime eric shaun has the latest from boston right now. >> hi, neil, they could be filing them under a civilian case under those chargeless. federal charge of at the same time state murder charges and that's what sources are telling fox newings, the reason he was not given the miranda rights is that under the law, under a approximate exemption that has to do with immediate threats to the police or public. there is a part of the law that said you don't have to give miranda rights to a suspect to immediately protect the police in a life or death situation. the idea is that when they got him in the boat, they don't know if there are other plots or bombs or devices that the brothers had allege wouldly planted. that was a way to get immediate information about the type of threat they may have posed. dzhokhar remains here in the hospital in serious condition. he lost a lot of blood and suffered two gunshot w
a federal judge read him his miranda rights possibly sacrificing valuable intelligence. i'm joined by dan hinninger and matt kominski this is first really big attack since 9/11. all credit do to our ain't terror brigades. with a stands out to you about this event? >> two things really. one that the f.b.i. and c.i.a. had him on their radar screens. they had him in 2011 in march. f.b.i. went to see him, question him and went through his thing, when he went to the russia confirming he had been radicalized for six months, the f.b.i. and c.i.a. didn't know he had left but the homeland security did know and didn't know he came back six months later. someone now at boston airport did know. >> paul: so there was know sharing, that was supposed to be one of big lessons of 9/11. you share information so people know who these people are. is that how bureaucracies behave? >> they are bureaucracies, they are big complicated places. he was on one list. think there were three or four such lists of separate bureaucracies. one list had 700,000 names on it. how can there be 700,000 names on a list like thi
, but a gunshot wound to the neck left him unable to speak. it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and incarcerate hundreds of terrorists. >> brown: tsarnaev was also likely to face state charges in the shooting death of a police officer at m.i.t. it all followed his dramatic capture friday evening, when he was found hiding and wounded in a boat behind a home in the boston suburb of watertown. his older brother tamarlen died hours earlier in a shoot-out with police that triggered the all-day manhunt and shut down the city. yesterday, on cbs, massachusetts governor deval patrick stood by the unprecedented measures. >> i think people understood that we were
, the first appearance was with judge marianne boulder and she was there to review his miranda rights with him, among other things. you've been hearing a lot about miranda rights. there's issue at play here that need to be clarified. we're going to read a couple of the things said from the hearing. we have the transcript. the judge said, quoting here, you have been charged with one use of a weapon often mass destruction and malicious destruction of property resulting in death. the case is being prosecuted in part by william weinreb. the maximum penalty on each count is death or imprisonment for any terms of years, or life. and there was this finding from the judge, and this one is important. quote, i find that the defendant is alert, mentally competent, and lucid. he is aware of the nature of the proceedings. okay? so that is the basis for the discussion. joined by retired superior court judge isaac borenstein in boston. he's done hospital visits over his 22 years as a judge. let us begin with the idea, confusion and frustration about miranda rights. give them right away, if you don't give the
authorities say he does not need to be read his miranda rights. >> right. first of all, let's just remember he may be in no physical condition to answer questions with or without miranda warnings. so his physical condition is the great unknown here which may render this whole dispute about miranda moot. let's assume that he is in a condition to answer questions. usually when someone is arrested, they get miranda warnings, and then they is a choice of whether to answer questions or not. here the government has said when there is an imminent danger to public safety, they can question without miranda warnings. that has traditionally or usually been interpreted to mean a future danger to public safety. the so-called ticking time bomb. tell us what's going to happen in the future, and we're not going to worry about miranda. what makes this an unusual invocation of the public safety exception is that the government is saying there is no more danger. there is no further conspirator out there. the government's position may be somewhat internally contradictory. that's something to keep an eye on as thi
, everyone grows with racle-gro. >>> there was no miranda warning given. that they were claiming a public safety exception. could we get an explanation for that. >> there is a public safety exemption in cases of national security and charges involving acts of terrorism and so the government has that opportunity right now, though i believe that the suspect has been taken to a hospital. >> you heard it right there. no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it
miranda rights to keep him in a gray area right now whether or not he would be considered an enemy combatant or information that he would be allowing to investigators may not be used against him if he were try to be tried as an american civilian. as i talked there with roger about the fact that congressman peter king over the weekend said the homeland is the battlefield and that times have really changed, what are your thoughts about what the congressman has said about the fbi and that they may have missed red flags and the fact that the homeland is the battlefield? >> as you know, thomas, the fbi conducts thousands of interviews like this. i will say that they do a good job. i would say unless there was some evidence that would lead them to not do something to this individual, i would say they did a good job. i think my colleague, peter king, is not just monday morning quarterbacking but arm chair quarterbacking. we don't no what our investigative authorities know. i would say let them do their job. we can comment but when we start pointing fingers, i think we just add to the conf
it right there in the car. >> well, let's talk about what we know about the miranda rights, as a civilian, it seems like it wouldn't change the person around. before we get to mike rogers, a critic, on the way it was handled before we -- given the condition the suspect is in right now, less likely to talk than before they're given them? >> it happens that way sometimes, but it also happens the other way. it has happened in terrorism cases, for example, the underwear bomber, was given the miranda warning, then resumed talking, blurting out everything, the way he was trained, names, dates, this has happened in other terrorism cases, as well. we know they were talking to him. basically they had two sessions, we learned some of this from the police commissioner in new york. the first session didn't go so well. he was still coming out of it from his treatment. the second one went better. and then the judge comes in on monday and reads him his rights. now, of course, he has a lawyer and of course he has stopped talking. the question is will he resume again? sometimes in these cases they do, som
the bombing suspect his miranda rights. some think he should have been questioned longer so the f.b.i. could learn more about the bombing and what led to it. but he was read his right, got an attorney and stopped sharing information. some say authorities accelerated the process unnecessarily. >> i was very surprised they moved as quickly as they did. we had legal reasons, i think, and follow-up investigative reasons to drag this out a little bit longer. we could have done that. i think the a.g., attorney general, should have sent a signal basically saying we're within our legal bounds doing this with a public safety exemption. >> critics say the f.b.i. could have learned much more from the suspect but others say the whole idea of the public safety exception is to assure there are not more bombs, not more terrorist and there is no continuing danger to the public. >> it looks like the f.b.i. got what they needed in terms of making sure the public was safe. that's the basis of the public safety exception. the f.b.i. is always going to want to inte interview to get io what happened over seas and
. that was a controversial thing at the time. people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among other things, in t
, this investigation still very much continuing. justice departments saying the suspect will not be read his miranda rights. they are invoking the public safety exception. it's allowed in cases of immediate danger. meanwhile mccain and lindsay graham said dzhokhar tsarnaev should be treated as a potential enemy combatant. they said now that the suspect is in custody is the last thing we should want is for him to remain silent. under a law of war we can hold the suspect to a enemy combatment not entitled to miranda warnings or the appointment of counsel. the older brother, he was killed on friday, and they investigated him at the request of a foreign government, and they did not find any ties to terrorism. and we are joined from london by a counterterrorism expert, and mike sullivan here is a former acting director of the bureau of tobacco, firearms and explosives. let's start with you in london, will. the fbi talked to this man in 2011. it does beg the question, did they miss something when they talked to tamerlan tsarnaev? >> well, it's always very difficult to say. however, having said that, if yo
him before he receives miranda warning is the right thing to do. a short time ago, the aclu put out a statement saying every defendant is entitled to defend miranda lights. five lawmakers want him treated as an enemy combatant. 53 people remain in boston hospitals today, three in critical condition, including a 7-year-old girl. nbc news national investigative correspondent michaels i cough is in boston, ron allen outside boston's beth israel medical center where the suspect and many of the victims are being kept and kristen we willinger at the white house, let's get to the latest on investigation. for that, we turn to michaels i cough, again, in boston. what is the fbi focusing on today and moving forward? >> reporter: federal prosecutors are focusing on drafting a criminal complaint we could see as early as this afternoon, detailing the criminal charges against him supported by an affidavit from an fbi agent that would lay out some details of the plot. not all of them but could provide crucial new information for us about what tsarnaev actually did and raise and shed some light on
understand if he is indeed conscious and does survive before reading him miranda rights; is that correct? >> i believe molly line will be talking about that a little bit as well. there is a loophole. there is a way they don't have to. so he was not read his miranda rights to allow to ask questions of him. we don't know if questions have been asked. they may have asked questions of him when he was under the situation he was in, of course being pretty seriously injured. they do believe he is going to make it. that was something, not only important for them to do that because that is what we do in this society but important because of this investigation. last night we were told he was being brought here for treatment. we weren't too far behind the ambulance. as you made your way through boston, you could see many of the businesses reopened. you saw restaurants and bars reopened. at one point there was a small college and 500 students had gone into the streets and blocked off all four lanes cheering, holding signs and as first responders and medical teams came through that had nothing to do
condition. a lot of talk about miranda. michael you prosecuted richard reid the shoe bomber in federal court. how unusual is it to not read miranda warnings? >> case specific. if there is an imminent public safe itty concern they should exercise the miranda exception under public safety and try to get as much information as they possibly can in order to protect the public. i think it is perfectly legitimate under these circumstances. >> judge jeanine: jay, to you when we talk about the public safety exception here. how long is that exception good for are? how long can they go without reading him his rights? >> there is no definitive statement but most people believe it is 48 hours. you a situation here where the distort accused is not conscious are in to even speak so 48 hours. points to a fundamental problem with thinking about mir randiesing. do we want a prosecution or an investigation to determine how deep the terrorist links might be and whether there were additional plans for terror activity. an awful load of weapons that the two possessed. the situation with the travel to russia. all
given all that's transpired over the last week. >> he was not read his miranda rights which a lot of people are talking about today. explain the reason why. >> well, in the law there's what they have called a public safety exception to miranda. everybody knows what miranda is. you have the right to remain silent. anything you say can and will be used against you. the police don't have to say that to you if they are in hot pursuit of something relating to public safety. maybe worried about bombs in this case. they're worried about another plot or something else happening. so under those circumstances authorities do not have to give the miranda warning immediately to a suspect. a lot of people out there saying on the right that they ought not give miranda rights or any other kinds of rights to people who are deemed terrorists. people on the left saying you ought to use the regular court to try to try these individuals. this is an ongoing debate about the law in this country. >> let's talk about the penalty that the younger suspect may face. we're still waiting for charges to be file
. as you know they didn't read miranda rights because of a public safety exception. he will not have the right to remain silent for a couple of days to try to find out if there are more plots. they agreed with the decision but they put out a statement, senator lindsay graham and john mccain and peter king that went on to say, however, limiting this investigation to 48 hours and exclusively regularly on the exception to miranda could limit our ability to gather critical information about future attacks from this suspect. bottom line is what knees republican lawmakers are calling for is the suspect be officially classified as an enemy combatant. not that he would face a military tribunal but the interrogation could go on longer an couple of days. there may be some people in the administration that believe such a long interrogation could taint the eventual prosecution in a civilian court. there will be a healthy debate about this in the days ahead. for now, they focusing on a great sense of relief, not just in boston but here in the white house, in the early stages of the investigation.
given the miranda rights. now he is shuting down and susan candiotti is in massachusetts where dzhokhar is being held. what are you hearing about the unwillingness now to talk to investigators? >> reporter: well, here'shat we're hearing, don. we are hearing from -- this is coming to us from a u.s. law enforcement official with knowledge of the investigation with whom i've been in touch with from the very beginning and is this. he has been talking, he had been talking quite a lot before he was read his rights. before he was mirandized and received a lot of helpful information, a lot of information and tips and leads to work with. since he was read his rights, however, he hasn't said anything substanti substantive. according to the source, they have a lot to work with and by reading the rights after he was formally charged, it is not according to this official hindering their investigation, don. >> for the laptop, suzanne, that is just wrapped up. what led authorities to believe his computer was dumped and do we know if they found anything on it? >> reporter: well, according to my source,
his miranda rights, read miranda rights just getting that as you were wrapping up. adam housley live in boston. adam, thank you. investigators are furiously trying to track down the terrorism connection to this case. and they are focusing on a trip, the older brother made last year. chief intelligence correspondent catherine herridge is here tonight with an update on that. good evening, catherine. >> thank you, bret. some of the most compelling evidence and preliminary evidence comes from surveillance video and one eyewitness during that carjacking thursday night before a shootout with police one of the brothers said, quote: did you hear about the boston explosion? i did that. court records filed monday show the tsarnaev brothers walked into boylston street together 11 minutes before the explosions, each with a backpack. they split up. one heading for the finish line and the other toward the forum restaurant, the site of the second explosion. 30 seconds before the first blast. the started fidgeting with cell phone after the blast almost everyone turned around, quote: apparent bewil
, whether the surviving suspect was read his miranda rights prematurely by shutting him down. jeff toobin and mark geragos will weigh in later tonight. sanjay gupta looks at what life is like now for all the people who lost limbs in the bombing. the fresh steps they take as they try to learn to walk again. in the case of adrianne, as you just saw there, to dance again. another very full night starting with mary snow in times square in new york. mary, nick payton-walsh is also in russia, in dagestan, former massachusetts homeland security advisor juliette kayyem is currently a boston globe columnist. on the phone, joining us is former homeland security advisor fran townsend, who currently sits on the homeland security and cia external advisory panels. appreciate all of you being with us. mary, mayor bloomberg isn't the only one saying that manhattan was a target for the brothers. who else? >> reporter: correct. ray kelly, the police commissioner, as you mentioned, both these new york city officials were briefed by the fbi about this, and with the information they were given, anderson, they
question as well, whether the surviving suspect was read his miranda rights prematurely. jeff toobin and mark geragos weigh in on that. they have strong ponz that. later, sanjay gupta looks at what life is like for all those who have lost limbs in this bombing, the fresh steps they are going to have to take as they try to walk again, and in the case of one dance instructor who we've been profiling, dance again. another very full night. with us, nick payton-walsh, who is in the russian region of dagestan tonight. former massachusetts homeland security adviser juliette kayyem, currently a "boston globe" journalist, joining me here. and on the phone, national security adviser fran townsend. juliette what do you make of this "boston globe" report that boston anti-terror squads were not informed about what the fbi knew about tamerlan tsarnaev? >> right. so, what you're hearing is they were informed in the sense that they had access to the database, but they were not specifically told, look, there's someone on your streets that we have particular concern with. this is troubling because it
, but when he is we're told he won't immediately be read his miranda rights, informing him of his right to an attorney and his right to remain silent. that announcement from the white house is sparking some controversy, and it's just one of a whole slew of legal questions now emerging in this case. nbc bay area's monte francis spoke to a terrorism expert tonight and is in san francisco with more on that. monte? >> reporter: well, diane, good evening. the aclu released a statement saying that denying miranda rights is un-american. but there is an exception to the miranda rule if there's a continued threat to public safety. the question everyone wants an answer to now lies with 19-year-old dzhokhar tsarnaev, a naturalized u.s. citizen who's recovering in the hospital. namely, what was behind the attack at the boston marathon. terrorism expert neil smeltser at uc berkeley says the first questions investigators will likely ask tsarnaev will have to do with the motive. >> first psychological is is this some kind of a wayward nut like columbine or some of the school shooters apparently have b
without reading him his rights. >> correct. what they are read a miranda after 12 hours or something? >> 16. >> we could have held him a little longer. >> the other thing, the miranda rights, you have your miranda rights whether they are read to you or not. >> that's the thing. that's what i was talking about. the romance of reading the right. it is absurd. we have rights and we don't read them. to me miranda is the equivalent of civil rights. it is like reminding black people they don't have to sit at the back of the bus every time they get on the bus. >> i am so glad you both say that. if i could mention that -- >> that was a great analogy. >> yes, it was very good. >> i was actually looking at it from the complete flip side of you, tom. my view is, and this is to me i don't understand, but conservatives now seem to be arguing the government gives us these rights and can withhold them. it is an old position for conservatives to take. my point is, you have this right and the government may not infringe upon whether they tell you or not. unless a confession is voluntary it can't be u
are not reading his miranda rights and what this means for you, when we come back. mb luck? or good decisions? ones i've made. ones we've all made. about marriage. children. money. about tomorrow. here's to good decisions. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. ready to plan for your family's future? we'll help you get there. your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. [ children laughing ] ♪ the smell of salt in the air. ♪ it's the sound a seashell makes. [ seagulls calling ] a place that's beyond your imagination, yet well within your means. find your away. for a dealer and the rv that's right for you, visit >>> usa! usa! usa! usa! usa! usa! usa! >> that was the streets of boston and surrounding towns last night, clearly people so excited that
miranda rights to dzhokhar tsarnaev when that happened. >> reporter: good morning, poppy. well we know that congressman rogers certainly wants to know more about the decision leading up to those rights being read because we know the suspect has become a lot less talkative after hearing those miranda rights. certainly he led investigators to look for the laptop, we learned from the suspect about the plans to go to new york but since he was read his rights he's gotten a lot less talkative and congressman rogers has written a letter to eric holder demanding a full accounting of the decision leading up to the initial appearance with the judge including who decided that appearance should take place at that specific place and time during this questioning and whether the department of justice or the fbi expressed any concerns about the timing of this and concerns about the fact that the suspect would now be read his miranda rights. i should tell you the department of justice hasn't yet responded directly to that letter to attorney general holder but they did put out a statement saying that th
appalls me is what was in our control, which was the fact we gave the our current terrorist his miranda rights after a short period of questioning, 16 hours, when under the constitutionally- allowed public safety exception, which even this administration accepts and extends to 48 hours, but that we stop him in mid interrogation, the guy that knows stuff, and he told us about new york and times square. we had no idea. that is an appalling mistake on the part of the administration. it is not the bill in a haystack, it is terrible governance. >> two issues, mark? >> last week in boston the president said to those who carry this o, we will find you within 24 hours. they were found. it was an impressive, coordinated, professional achievement. i think the question that gnaws at all of us is, these are home grown. these were people who were here. the russians did ask in 2011, he did go back for six months, nobody has come up with what went on in those six months that made him change, so that is a cause for concern. what happened here? in cambridge, mass., where the kids were encouraged, you ha
over dzhokhar is to read him his miranda rights, what are you hear something. >> >> reporter: that is right. he was not red his miranda rights. they used a rarely used public safety, but they should not have invoked that because he no longer threatens an attack to society and he should get an attorney as soon as possible before he is interrogated. >> thank you. >>> federal law enforcements are weighing in on the rights and the status of the accused boston bomber, should he be treated as a criminal or enemy combaton with no rights? >> you have the high value interrogation group. they are skilled. they know how to do this. the miranda right can be read at a later time. >> four lawmakers including congressman pete king of new york believe he should be tkes eug nateed as a poe term enemy combaton. a conviction is likely so he is more interested in intelligence the suspect can offer. >>> thousands of runners at the london marathon paid tribute today to pay tribute to those killed and injured. they observed 30 seconds of silence before the start of each group of racers. many wore
of all, not reading someone their miranda rights doesn't mean they don't have their miranda rights? ( laughter ) you have miranda rights under the constitution. you don't have to say them out loud for them to become real. ( laughter ). you're thinking beeblghtjuice. the only reason you have to read them is so whatever the suspect has done or did, whatever they do say is admissible at their trial. it's another hallmark of our constitutionally guaranteed right to due process. >> i think it's a mistake not to treat him as an enemy combatant. >> we ought to treat him as an enemy combatant and move him to a military tridiewnl. >> jon: it's like "guns & addresses," ted kaszinsky, and ramsey youssef, went city to city singing med lees of original hits and-- what's that? really, dead or in prison, huh? who am i thinking of? oh, the muppets. oh, all right. i get it. ( laughter ) ( applause ) well, to be fair, they both tried to take manhattan. ( laughter ). so in the wake of an assault on our freedom and way of life, we have quickly jettisoned the sixth amendment right to a fair trial and
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